Terms & Conditions
Fees and Payment
- All fees have to be paid promptly on a term basis.
- Non-payment of school fees by the stipulated payment date will result in forfeiting of placement for the following term.
- Upon commencement of a term, all fees paid are non-refundable. Request for refund of school fees requires written notification to the school at least fourteen days prior to commencement of the term.
- If the request is made less than fourteen days before the first lesson, a cancellation charge of RM65.00 will apply.
- Lessons will be put on hold if the School closes due to contagious diseases or unforeseen circumstances.
- Lessons are scheduled for 10 consecutive weeks, excluding public holidays.
- The School will be closed on government-gazetted Pubic Holidays. Lesson will be as normal for public holidays in-lieu.
- A maximum of 4 make-up credits is allowed each term (only applicable for infants, toddlers, kids’ classes). Parents must inform the school 2 hours before the lesson. A valid Medical Certificate of the student’s name must be submitted within a week of the absence backdating of the lesson.
- Strictly no rescheduling of the make-up lesson is allowed. If you have confirmed a make-up slot, the make-up credit is considered utilized. To reschedule a make-up lesson, another make-up credit must be activated 2 hours before the lesson.
- Strictly no back dating of Medical Certificate, Memo or other form is allowed.
- The School reserves all rights to charge lesson that does not comply with the above and reject any make-up credit activated.
- The School reserves all rights to send relief instructor to cover classes when the regular coach is on leave. Relieved lesson will be charged even if you decide to opt out the lesson.
- The School reserves the right to cancel or postpone the lesson in unforeseen situation or when a relief coach is unavailable.
- A bonus to redeem an underwater photoshoot or a 1-minute milestone video for students with perfect attendance on their regular classes (no make-up credits must be activated). Please expect a lead time up of about 2 months.
- Students are grouped according to age groups in the first term and may subsequently regroup according to individual’s progression. As such, the timing of your lesson is subjected to changes.
- Start date will be postponed if the class size does not meet the minimum requirements.
- All students below 5 years old, at the point of registration, must wear approved swim diapers, (iPlay or SnuglyFit). Please refer to https://happyfish.sg/diaper/ for more information.
- Accompanying adults and students must wear proper swim attire. Strictly no shorts or other tops will be approved.
- All pool users have to rinse off under the shower before entering the pool.
- Regardless of your child’s swimming ability, they should always be under adult supervision at all times. The coach and staff cannot be responsible for watching your child before and after the class.
- Please ensure your baby remains seated in the baby shower basin at all times.
- The School cannot accept any responsibility for the loss or damage of any personal possessions.
- The shower rooms, baby shower basins and baby changing stations and other facilities are strictly on a first-come, first-served basis. Please be mindful and considerate when using the facilities. Use it swiftly and keep it clean.
- The School reserves all rights to photograph, sound and video recording classes and activities for training, publicity and promotional purposes. Permission will not be sought from any individual.
- Acceptance of the Terms and Conditions by the School is accepted upon the registration and it applies to all branches under the School.
- The School reserves all rights to amend the above rules from time to time and the rights to refund or reject customers.
Waiver and Release of Liability
1. By participating in any of the lessons (including trial lessons), classes, courses, events, programmes and activities (collectively, the “Activities”) organised or conducted by Happy Fish Swim School, Happy Fish Swim School Sdn. Bhd. and/or any of its affiliates (collectively, “Happy Fish”), and/or using any swimming pool and/or its amenities owned, operated or managed by Happy Fish (collectively, the “Venues”), you acknowledge and agree, on behalf of yourself and (if applicable) your child (including any unborn child in the case of pregnancy) or ward below the age of eighteen (18) (collectively, “Child”) as his/her parent, legal guardian or custodian, that you have read, accepted and agree to be bound by the following terms in this Waiver.
2. You hereby represent and warrant that:
- you have attained eighteen (18) years of age and accept and agree to this Waiver on behalf of yourself and (if applicable) your Child below the age of eighteen (18) as his/her parent, legal guardian or custodian;
- (if applicable) you have full legal authority as the parent, legal guardian or custodian of your Child to accept the terms of this Waiver on his/her behalf; and
- (i) you and/or your Child are physically and medically fit to participate in the Activities, (ii) save to the extent declared to Happy Fish in accordance with the terms herein, you and/or your Child do not suffer from any illness, condition or disability that may affect the ability of you and/or your Child to swim or participate in the Activities, and (iii) in relation to any known pre-existing medical condition that you and/or your Child may have, you have obtained medical clearance from a licensed medical or healthcare practitioner confirming that you and/or your Child are fit to participate in the Activities.
3. You must declare to Happy Fish any illness, condition or disability that may affect the ability of you and/or your Child to swim or participate in the Activities. Such declaration shall be made prior to enrolment, or if such illness, condition or disability arises after enrolment, immediately upon its discovery, in writing by email to [email protected] Happy Fish reserves the right in its sole and absolute discretion to require that you and/or your Child be withdrawn from the Activities.
4. You acknowledge that participating in the Activities and/or use of the Venues will involve certain risks, including without limitation injury, permanent paralysis and death. You hereby accept and voluntarily assume all risks, dangers and hazards, both known and unknown, of injuries or other loss or damage of any kind that may be suffered by you and/or your Child while using any of the Venues for any purpose, including but not limited to the participation by you and/or your Child in the Activities. The risks, dangers and hazards include without limitation injuries or illnesses from the sport of swimming or other pool activities, extended time underwater, spending extended periods in chlorinated water, entering the water by either diving or jumping, vigorous physical exertion, dry land training, contact with other participants or equipment, exacerbation or aggravation of pre-existing medical conditions, lack of fitness, or exposure to infectious diseases (including through contact with persons who may have been exposed to such diseases or with contaminated surfaces, or waterborne, airborne, droplet or other environmental transmission).
5. You agree that Happy Fish and their respective directors, officers, employees, agents and representatives (collectively, the “Relevant Persons”) shall not be liable or responsible for any personal injury, property damage, expense, loss of income or loss of any kind suffered by you and/or your Child arising directly or indirectly from the use of any of the Venues for any purpose, including but not limited to the participation by you and/or your Child in the Activities, and/or on account of any first aid treatment, emergency medical services or other services rendered to you and/or your Child in connection therewith.
6. You, on behalf of yourself and (if applicable) your Child and to the fullest extent permitted by applicable law, hereby waive, discharge and release each of the Relevant Persons in respect of any and all claims, demands, actions, damages (including direct, indirect, special and/or consequential damages), losses, liabilities, actions, judgments, and costs (including legal fees) which has accrued or will accrue in future (“Claims”) against any of the Relevant Persons which arise from or otherwise relate to the participation by you and/or your Child in the Activities, the use of any of the Venues by you and/or your Child for any purpose, and/or on account of any first aid treatment, emergency medical services or other services rendered to you and/or your Child in connection therewith. Nothing in this Waiver shall exclude or limit the liability of the Relevant Persons for death or personal injury to the extent such death or personal injury is caused by the negligence of the Relevant Persons, or for any matter which would be unlawful for the Relevant Persons to exclude or limit.
7. You hereby indemnify and hold harmless each of the Relevant Persons from any and all Claims arising from or otherwise relating to the use of any of the Venues by you and/or your Child for any purpose.
8. Each of the terms of this Waiver shall apply to the fullest extent permitted under applicable law. The illegality, invalidity or unenforceability of any provision (or part thereof) of this Waiver under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of the remainder of such provision or any other provision.
9. A person who is not party to this Waiver has no rights under the Contracts (Rights of Third Parties) Act 199 to enforce any term of this Waiver, but this does not affect any right or remedy of a third party which exists or is available apart from the said Act.
10. This Waiver shall be governed by, and construed in accordance with, the laws of Malaysia. The parties agree to submit to the exclusive jurisdiction of the courts of Malaysia.